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DECISION

Prescribing cases in which the import of goods on the List of used information technology products banned from import is permitted

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Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 29, 2006 Law on Information Technology;

Pursuant to the June 14, 2005 Commercial Law;

Pursuant to the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries;

At the proposal of the Minister of Information and Communications;

The Prime Minister promulgates the Decision prescribing cases in which the import of goods on the List of used information technology products banned from import is permitted.

Article 1. Scope of regulation and subjects and application

1. Scope of regulation:

This Decision prescribes cases of, and conditions, criteria and procedures for consideration and permission for the import of goods on the List of used information technology products banned from import (below referred to as the Import Ban List) as prescribed in the Government’s Decree No. 187/2013/ND-CP of November 20, 2013, detailing the Commercial Law regarding international goods purchase and sale and goods purchase, sale, processing and transit agency activities with foreign countries.

2. Subjects of application:

This Decision applies to organizations and businesses engaged in activities relating to the import of information technology products on the Import Ban List (below referred to as importers) and state management agencies involved in these activities.

Article 2. Interpretation of terms

1. Specialized information technology product means an information technology product which is designed and used for carrying out special jobs in specialized production sectors or used in laboratories or testing laboratories, which is not a common consumer product or goods.

2. Refurbishment means repair or substitution of a product’s component, or restoration of its functions and appearance to make it equivalent to a new product of the same type.

3. Refurbished information technology product means a used information technology product which has undergone repair or, substitution of its component or restoration of its functions and appearance in order to have functions and appearance and enjoy a warranty regime like a new product of the same type. A refurbished product must have a label which may be in Vietnamese indicating that it is a refurbished product, or may be in English with an equivalent meaning.

4. Software product manufacturing means a lawful participation of an organization or a business in one or more than one stage in the process of manufacturing a software product so as to create a new software product or upgrade, repair and complete an existing one.

5. Business process outsourcing with information technology means a service whereby a service provider carries out one or more than one operational process for a customer outside the territory of Vietnam via a medium of information technology or telecommunications.

6. Data processing means cleansing, analysis, conversion and complete processing of data and reporting on specific outputs from data supplied by a customer.

Article 3. Principles of import of goods on the Import Ban List

1. To be imported, used goods must satisfy safety, and quality requirements and national standards and technical regulations.

2. The import of used goods which are banned by other countries because they are obsolete or of poor quality or pollute the environment shall not be considered and permitted.

3. To be imported, used goods must not only meet the conditions and criteria prescribed in Article 5 of this Decision but also comply with current regulations on the import of goods.

Article 4. Cases in which the import of goods on the Import Ban List is permitted

1. Import of used information technology products by relocating means of production within the same organization.

2. Import of used information technology products to control, operate, and inspect the operation of, part or the whole of a production system or line.

3. Import of used information technology to directly serve software manufacturing, business process outsourcing with information technology or data processing for foreign partners.

4. Import of used specialized information technology products.

5. Re-import of information technology products whose warranty period expires after they are brought overseas for repair.

6. Import of refurbished products or components which are no longer manufactured for substitution or repair for domestic users.

Article 5. Conditions and criteria for cases in which the import of goods on the Import Ban List is permitted

1. Importer must be an organization or a business established and operating under Vietnamese law.

2. Specific conditions and criteria for the cases prescribed in Article 4 of this Decision are as follows:

a/ Import of used information technology products by relocating means of production within the same organization:

- Imported products must solely and directly be used for manufacturing activities of the importer;

- Imported products must be assets of an overseas organization that has a relation with the importer in the form of share ownership, capital contribution or another form of cooperation.

b/ Import of used information technology products to control, operate, and inspect the operation of, part or the whole of a production system or line:

- Imported products must solely and directly be used for manufacturing activities of the importer;

- Imported products must be devices or constituents of a production system or line.

c/ Import of used information technology products to directly serve software manufacturing, business process outsourcing with information technology or data processing for foreign partners:

Imported products shall be re-exported upon the termination of a contract on software manufacturing, business process outsourcing with information technology or data processing for foreign partners.

d/ Import of used specialized information technology products:

- Imported products must be actually efficient for manufacture;

- Imported products have been used for 3 (three) years at most counting from the date of manufacture to the date of opening an import declaration.

dd/ Re-import of information technology products whose warranty period expires after they are brought overseas for repair:

Information technology products to be re-imported must be the products already exported.

e/ Import of refurbished products or components which are no longer manufactured for substitution or repair for domestic users:

- Imported products must have the functions and appearance and enjoy the warranty regime like new products; and must have labels as prescribed by law;

- Imported products and components shall only be used to substitute faulty ones of domestic customers, but not for transfer or resale;

- Faulty products and components that are recalled after being substituted shall be re-exported or destructed in accordance with law;

- Organizations and businesses shall send an annual report on the quantity of imported used information technology products, made according to the form provided in Appendix II to this Decision, enclosed with a copy of import and export declaration, to the Ministry of Information and Communications.

Article 6. Competence to permit the import of goods on the Import Ban List

1. The Minister of Information and Communications shall consider and permit the import of goods on the Import Ban List in the cases prescribed in Article 4 of this Decision.

2. The Prime Minister shall consider and decide to permit the import of goods on the Import Ban List in cases other than those prescribed in Article 4 of this Decision.

Article 7. Dossier of request for import of goods on the Import Ban List

A dossier of request for import of goods must comprise:

1. An original of the importer’s written request for import of goods, indicating information on the importer, goods and commitment to properly use goods as prescribed in Article 4 of this Decision. Such request shall be made according to the form provided in Appendix I to this Decision.

2. A certified copy of the paper proving the importer’s legal person status (business registration certificate, establishment decision or license, investment certificate or investment license); an uncertified copy shall be accompanied by its original for comparison.

3. Papers required in the cases prescribed in Article 4 of this Decision are as follows:

a/ Import of used information technology products by relocating means of production within the same organization:

- A copy of the written technical specification of the products;

- An original of the paper proving that imported information technology products are assets of a foreign business that has a relation with the importer and such products are used as means of production of the importer;

- A copy of the paper showing the origin of the products (invoice, purchase and sale contract or equivalent paper);

- An original of the organization’s decision on asset relocation.

b/ Import of used information technology products to control, operate, and inspect the operation of, part or the whole of a production system or line:

- A copy of the written technical specification of the products;

- An original of the paper proving that imported information technology products are equipment or constituents of the production system or line;

- A copy of the paper showing the origin of the products (invoice, purchase and sale contract or equivalent paper).

c/ Import of used information technology products to directly serve software manufacturing, business process outsourcing with information technology or data processing for foreign partners:

- A copy of the written technical specification of the products;

- A copy of the contract or another paper showing that products are used for software manufacturing, business process outsourcing with information technology or data processing for foreign partners.

d/ Import of used specialized information technology products:

- A copy of the written technical specification of the products;

- An original of the paper proving they are specialized information technology products.

- A copy of the paper showing the origin of the products (invoice, purchase and sale contract or equivalent paper).

dd/ Re-import of information technology products whose warranty period expires after they are brought overseas for repair:

- A copy of the repair service contract;

- A copy of the paper showing the origin of the product (invoice, purchase and sale contract or equivalent paper);

- A copy of the export dossier.

e/ Import of refurbished products and components which are no longer manufactured for substitution or repair for domestic users:

- An original of the report on the establishment of the system of warranty and maintenance services for domestic customers, specifying the processes and stages of this system.

- A copy of the written authorization for the importer to provide warranty, maintenance, substitution and repair services, including a stipulation on responsibilities of the parties (in case of outsourcing a third party to provide services);

- A copy of the manufacturer’s paper proving that it/he/she no longer manufactures the products or components.

Article 8. Procedures for permitting the import of goods on the Import Ban List

1. A dossier of request for the import of goods on the Import Ban List shall be sent by post to, or submitted directly at, the office of the Ministry of Information and Communications.

2. In case an importer provides an incomplete or invalid dossier, the Ministry of Information and Communications shall, within 3 (three) working days, notify such to the importer for modification and supplementation of the dossier.

3. Within 5 (five) working day after receiving a complete and valid dossier, the Ministry of Information and Communications shall issue a written reply on permission for the import. If refusing to permit the import, the Ministry of Information and Communications shall reply in writing, clearly stating the reason.

Article 9. Effect

This Decision takes effect on July 1, 2016.

Article 10. Organization of implementation

1. The Ministry of Information and Communications shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Finance and the Ministry of Industry and Trade in, guiding and supervising the implementation of this Decision;

b/ Assume the prime responsibility for, and coordinate with related agencies in, conducting periodical or extraordinary inspection of goods importers under this Decision;

c/ Any problems arising in the course of implementation of this Decision should be reported to the Ministry of Information and Communications for summarization and reporting to the Prime Minister for consideration and decision;

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decision.-

Prime Minister

NGUYEN XUAN PHUC

* All appendices to this Circular are not translated.